lu.
11.
as described above within 30 days, the parties may request that the dispute be submitted to the
Board of Public Works for resolution. If the parties are dissatisfied with the decision of the Board
of Public Works, the parties’ reserve the right to pursue any available legal and/or equitable
remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.
3. Place no further orders or sub-contracts for materials, services, or facilities, other than
as may be necessary or required for completion of such portion of work under the
contract that is not terminated.
a decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any
work affected by a conflict, error, omission, or discrepancy which has been performed by
Independent Contractor prior to having received the City of Nashua's resolution shall be at
Independent Contractor's risk and expense. At all times, Independent Contractor shall carry on
the work under this contract and maintain and complete work in accordance with the
4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.
General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Independent Contractor”, and its
successors, transferees and assignees (together “Independent Contractor”) includes any of the
Independent Contractor's consultants, sub consultants, contractors, and subcontractors
an Ae BN
ad
10.
11.
12.
13.
14.
15.
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20.
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27.
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31.
EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS
INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE
CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION
DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES
6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall
be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid,
and registered or certified, and shall be addressed to:
CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:
David Boucher, Superintendent Shelagn Conneily, Pres. RMI
Nashua Wastewater Treatment Facility 1171 NH Route 175
2 Sawmill Road Holderness, NH 03245
Nashua, NH 03060
Table 4.7
Rate Schedule for Diesel Fuel Surcharge
$3.501 - $3.750 per gallon $23.00 per load
33.751 - $4.000 per gallon $30.00 per load
$4.001 - $4.250 per gallon $38.00 per load
$4.251 - $4.500 per gallon $45.00 per load
$4.501 - $4.750 per gallon $53.00 per load
$4.751 - $5.000 per gallon $60.00 per load
4.8 The fees in Sections 4.1 and 4.2 shall be increased by 3% annually on July 1°, starting July 1, 2020.
and any one (1) year extensions if awarded) is subject to annual budget appropriations and at the City of
Nashua’s sole discretion. A separate/amended purchase order shall be issued for each year of the contract.
4. COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed
One Million Five Hundred Thousand Seven and Fifty Dollars ($1,507,050) for the three (3) vear term
and in accordance with following Pricing Provisions:
4.1
4.2
4.3
4.4
4.5
4.6
4.7
Pricing Provisions
The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.
